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RAMESHWAR VYAS
Khurshida Banu – Appellant
Versus
Khurshid Khan – Respondent
JUDGMENT
Rameshwar Vyas, J. - The instant transfer application under Section 24 of the Code of Civil Procedure, 1908 has been preferred by the applicant-wife seeking transfer of the divorce petition filed under Section 13 of the Hindu Marriage Act, 1955 (afterwards referred to as "the Act of 1955"), by the non-applicant-husband bearing Divorce Petition No. 38/2021 (Reg. No. 02/2021) titled as "Khurshid Khan Vs. Khurshida Banu" from the Family Court, Jalore to Additional District Judge No. 1, Barmer.
2. Brief facts of the case are that the marriage between applicant and non-applicant was solemnized on 09.10.2009 at Barmer in accordance with Muslim rites; out of their wedlock, two sons viz. Tofique Mohammad and Mohammad Tejib were born, who are now aged 8 and 5 years, respectively. As per the averments made in the transfer application, non-applicant- husband treated applicant-wife with cruelty, for which, the applicant has lodged an F.I.R. No. 56/2021 at Police Station Mahila Thana, Barmer for the offences under Sections 498-A, 406 & 323 I.P.C. and Sections 3 & 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 against the non-applicant and his family members. She has also
The court established that the convenience of the parties, especially in cases involving children and allegations of cruelty, is paramount in transfer applications.
The court established that the balance of convenience and the applicant's health concerns are critical in deciding transfer applications under the Code of Civil Procedure.
The court may allow the transfer of a case if the petitioner presents valid and justified grounds, and if the respondent does not rebut the averments made in the transfer application.
The court established that in transfer applications, the convenience of the female litigant is paramount, especially when she has caregiving responsibilities.
The court prioritized the convenience and well-being of the parties, considering the distance between locations and pending legal proceedings, in allowing the transfer of the divorce petition.
In transfer applications, the convenience of the wife is to be preferred over the convenience of the husband, especially when the wife has no source of income and is residing with her parents.
The balance of convenience in transfer applications is determined by the specific circumstances of the parties, particularly considering the welfare of children and financial constraints.
The main legal point established is that in transfer applications, the court must consider the balance of convenience, welfare of the minor, and the parties' convenience in deciding the transfer of m....
The court holds that transfer applications under Section 24 CPC can be granted based on mutual consent, prioritizing the wife's convenience in matrimonial disputes.
The main legal point established is that in transfer applications under Section 24 CPC, the court will consider the balance of convenience and the interest of justice, taking into account the parties....
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